Bernadette Wicks
Senior court reporter
2 minute read
20 Dec 2021
2:42 pm

Babita Deokaran murder: Bail denied for all six suspects

Bernadette Wicks

The court found that the suspects failed to prov that releasing them on bail would be in the interest of justice.

Six suspects appear for bail application at Johannesburg Magistrates Court, 13 September 2021, for the murder of whistleblower, Babita Deokaran. Deokaran was killed outside her home in August. Picture: Nigel Sibanda

The six men accused of assassinating Gauteng Health official Babita Deokaran have been denied bail.

Johannesburg Regional Court Magistrate Simon Sibanyoni on Monday dismissed their bail application, saying: “There are possibilities that they might not be able to be traced if they don’t come back [to attend their trial]. The interests of justice don’t permit their release on bail. They are all linked to the charges against them,” he said.

A high-ranking official in the financial division of the Gauteng Department of Health and a witness in various graft probes – including the Special Investigating Unit’s (SIU’s) investigation into R300 million’s worth of dodgy personal protective equipment (PPE) tenders – Deokaran was gunned down outside her home in Mondeor, south Johannesburg, in August, in an apparent hit.

Also Read: Babita Deokaran gets posthumous prize as justice’s tipsters awarded

Phakamani Hadebe, Zitha Radebe, Phinda Ndlovu, Siphakanyiswa Dladla, Simphiwe Mazibuko and Sanele Mbhele – were arrested less than a week later, and are facing charges of murder, conspiracy to commit murder, possession of unlicensed firearms and ammunition, and attempted murder.

They are thought to have been hired hands and made various confessions and admissions immediately after they were nabbed – including that former Health Minister Zweli Mkhize was apparently their paymaster – but have since claimed they were tortured and coerced, and that these confessions and admissions were in fact “false”.

Also read: Is Zweli Mkhize a suspect or witness in Babita Deokaran murder case?

Mkhize has also since vehemently denied any involvement.

Charged with schedule six offences, the onus during their bail application was on the accused to show that there were exceptional circumstances permitting their release in the interests of justice.

Sibanyoni on Monday found they had not done so successfully.

“Other than vehemently challenge the admissibility of their confessions and pointing outs, nothing exceptional was put before this court. They failed dismally,” he said.

They had repeatedly argued that the state’s case against them was weak and that their confessions and admissions were essentially the only evidence against them, and that these should in any case be ruled inadmissible.

But Sibanyoni on Monday declined to make a ruling on this issue, saying it was for the trial court to decide. He similarly declined to rule on the accused’s claims that they had initially been denied bail.